No. 90-3102.

933 F.2d 1246 (1991)

The MARYLAND HIGHWAYS CONTRACTORS ASSOCIATION, INCORPORATED, Plaintiff-Appellant, v. STATE OF MARYLAND; James J. McGinty, Secretary, Board of Public Works; Earl F. Seboda, Secretary, Department of General Services; Richard H. Trainor, Secretary, Department of Transportation; Joseph I. Shilling, Chairman, Interagency Committee on School Construction; Henry L. Hein, Chairman, Maryland Food Center Authority; Herbert J. Belgrad, Chairman, Maryland Stadium Authority; John S. Toll, Chancellor, the University of Maryland System; Charles L. Benton, Director, Department of Budget and Fiscal Planning, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 20, 1991.

Attorney(s) appearing for the Case

Leslie Robert Stellman, argued (John William Kyle, on brief), Littler, Mendelson, Fastiff & Tichy, Baltimore, Md., and Walter Howard Ryland, argued (Waylund E. Hundley, on brief), Williams, Mullen, Christian & Dobbins, P.C., Richmond, Va., for plaintiff-appellant.

Ralph S. Tyler, Asst. Atty. Gen., argued (J. Joseph Curran, Jr., Atty. Gen., and Andrew H. Baida, Asst. Atty. Gen., on brief), Baltimore, Md., for defendants-appellees.

Before ERVIN, Chief Judge, and PHILLIPS and MURNAGHAN, Circuit Judges.

ERVIN, Chief Judge:

The Maryland Highway Contractors Association, Inc. ("Association") sought declaratory and injunctive relief against the State of Maryland ("Maryland") and several state officials in their official capacities in the United States District Court for the District of Maryland. Specifically, the Association wanted a determination that Maryland's Minority Business Enterprise1 (...

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